Barney Dumping-Boat Co. v. Niagara Fire Ins.

Second Circuit

Barney Dumping-Boat Co. v. Niagara Fire Ins.

67 F. 341, 14 C.C.A. 408, 1895 U.S. App. LEXIS 2747

CourtCourt of Appeals for the Second Circuit

DecidedMarch 18, 1895

StatusPublished

This text of 67 F. 341 (Barney Dumping-Boat Co. v. Niagara Fire Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barney Dumping-Boat Co. v. Niagara Fire Ins., 67 F. 341, 14 C.C.A. 408, 1895 U.S. App. LEXIS 2747 (2d Cir. 1895).

Pincite

Opinion

PER CURIAM.

Libelant cannot recover under tlie “sue and labor” clause of the policy, as there was no necessity to defend, safeguard, or recover tbe property. Nor did the instructions of Carpinter & Baker, even if they be considered agents of the respondent, authorize the sending of a tug to look for the boats, since those instructions were qualified with the proviso that such action should be talien only if the boats were adrift.

The decree of the district court is affirmed, with costs.

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PER CURIAM.

Libelant cannot recover under tlie “sue and labor” clause of the policy, as there was no necessity to defend, safeguard, or recover tbe property. Nor did the instructions of Carpinter & Baker, even if they be considered agents of the respondent, authorize the sending of a tug to look for the boats, since those instructions were qualified with the proviso that such action should be talien only if the boats were adrift.

The decree of the district court is affirmed, with costs.

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Bluebook (online)

67 F. 341, 14 C.C.A. 408, 1895 U.S. App. LEXIS 2747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-dumping-boat-co-v-niagara-fire-ins-ca2-1895.